IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CIVIL MISCELLANEOUS PETITION NO.82 OF 2015 BETWEEN:
1 H.R.T. SALDANHA S/O LATE J.G.X. SALDANHA AGED ABOUT 72 EYARS 2. SAMEER J.F. SALDANHA S/O H.R.T. SALDANHA AGED ABOUT 40 YEARS BOTH ARE R/AT 804, SYMPHONY APRARTMENTS, STURROCK ROAD, MANGALURU - 575 001.
3. NIHAL HAROLD SALDANHA, S/O H.R.T. SALDANHA AGED ABOUT 39 YEARS RESIDING AT 1153, TARTAN LANE, COMMERCE TOWNSHIP, MI 48390, U.S.A., REPRESENTED BY HIS G.P.A HOLDER H.R.T. SALDANHA 4. VIVEK MARIO SALDANHA, S/O H.R.T. SALDANHA, AGED ABOUT 38 YEARS, RESIDING AT 167 EAST, 67 STREET, APARTMENT #9E, NEW YORK, NY 10065, U.S.A., REPRESENTED BY HIS GPA HOLDER H.R.T. SALDANHA.
... PETITIONERS (BY MS.POOJA NAGARAJ, ADVOCATE FOR SRI.GOVINDARAJ, ADVOCATE) AND 1. VERNON X. SALDANHA, S/O LATE A.J.F.X. SALDANHA, AGED ABOUT 44 YEARS, R/AT, BEAULIEU, FALNIR ROAD, KANKANADY P.O.
MANGALURU - 575 002.
2. RITA SALDANHA, D/O. LATE J.G.X. SALDANHA AGED ABOUT 69 YEARS R/AT 304 BEAULIEU APARTMENTS, VAS LANE, FALNIR, MANGALURU - 575 002.
3. MARGARET D'SILVA (NEE SALDANHA), W/O. CHRISTOPHER L.N. D'SILVA AGED ABOUT 68 YEARS, R/AT. 301 BEAULIEU APARTMENTS, VAS LANE, FALNIR, MANGALURU - 575 002.
4. ROSE THOMMY (NEE SALDANHA), W/O. JEREMY THOMMY AGED ABOUT 55 YEARS R/AT. 301 BEAULIEU APARTMENTS, VAS LANE, FALNIR, MANGALURU - 575 002.
5. MAY PAULOSE (NEE SALDANHA), SINCE DECEASED BY HER LRs 5 (a) TARUN PAUL PAULOSE, S/O. ABRAHAM J. PAULOSE AGED ABOUT 36 YEARS R/AT. A3 SAGAR DARSHAN 308, CARTER ROAD, KHAR DANDA MUMBAI - 400 052.
5(B) TARA SARAH PAULOSE, W/O. MARTIN KILMARTIN AGED ABOUT 33 YEARS, R/AT. A3 SAGAR DARSHAN 308, CARTER ROAD, KHAR DANDA MUMBAI - 400 052.
5 (C) SUJAY JOSEPH PAULOSE, S/O. ABRAHAM J. PAULOSE AGED ABOUT 31 YEARS, R/AT. A3 SAGAR DARSHAN 308, CARTER ROAD, KHAR DANDA MUMBAI - 400 052.
… RESPONDENTS (BY SMT. JAYALAKSHMI K.B., ADVOCATE FOR SRI. SANATH KUMAR SHETTY K, ADV. FOR R-1; SRI. D. S. MANJEGOWDA, ADVOCATE FOR R2, 3, 4, 5 (A-C)- ABSENT) THIS CIVIL MISCELLANEOUS PETITION IS FILED UNDER SECTION 11 (5&6) OF THE ARBITRATION AND CONCILIATION ACT 1996, PRAYING TO APPOINT A SOLE ARBITRATOR FOR RESOLUTION OF THE DISPUTES BETWEEN THE PETITIONER AND THE RESPONDENTS ARISING OUT OF AND CONSEQUENT TO THE PARTNERSHIP DEED DATED: 01.08.1995 AND GRANT SUCH FURTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE TO MEET THE ENDS OF JUSTICE AND EQUITY AND ETC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Ms. Pooja Nagaraj, learned counsel for Sri. Govindaraj, learned counsel for the petitioners.
Smt. Jayalakshmi K.B., learned counsel for Sri. Sanath Kumar Shetty K., learned counsel for respondent No.1.
2. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed seeking appointment of a sole Arbitrator to adjudicate the dispute arisen between the parties out of and consequent to the partnership deed dated 01.08.1995.
3. When the matter was taken up on 17.11.2017, following submission was made by the learned counsel for the parties, which reads as under:
“Both the learned counsels submit that the parties have almost settled their dispute of partnership in the Mediation Centre and they need some more time to report back to this Court about the settlement between the parties.
List after two weeks”
4. Even when the matter was taken up today, approximately after a period of one year and three months, learned counsel for the parties jointly submitted that they are in the process of settling all their disputes by negotiation.
5. In view of the aforesaid submission, no purpose would be served by keeping the petition pending.
Accordingly, petition is disposed of with liberty to seek revival of the petition in case the dispute is not settled by negotiation.
Sd/- JUDGE Mds/-